I often mention my wish list for conveyancing but there is one at the moment where I am wishing for it every day and I am getting more and more despondent about it, and finding myself more and more infuriated.
So sorry – but here it is: Please, please , please before you send me the draft contract documents, check them.
There are so many errors which could be avoided and these are errors which lead to unnecessary enquiries. I can tell when a firm has not checked the Protocol forms before sending them to me. There are obvious questions. And I’m then left assuming (dangerous I know!) if you have not checked the obvious questions, how can I be sure that you have checked your client’s answers to the other questions?
I am sure I have mentioned this before but the most obvious question is the one regarding the property being sold with vacant possession? If your client ticks ‘no’ , then I have to ask you more about this! You have led me to believe there may be a tenant. But the contract tells me that your client is selling with vacant possession so which is correct? Is your contract wrong?
It is so simple; you can see why it infuriates me so much!
And other examples – are there are shared rights or responsibilities? Well your client has stated ‘none’ but I can see from the estate agents’ Particulars of Sale there is a shared driveway, and I have just checked the office copy entries and I can see there is clearly a shared driveway – this means that I need to ask you about it as the information provided does not support your client’s answer.
All of this could be resolved by checking the Property Information form before sending it to me.
What about matters disclosed in the Office Copy entries? Your client has stated that there are no charges but there is a restriction in favour of a Management Company so I think that there may be so I need to ask you about this…
Please check the draft contract documents before sending them to me.
So much time is wasted by not checking them ; so many unnecessary enquiries have to be asked; so much frustration from the sellers and the buyers as to delays, many of which could be sorted out right at the beginning by checking the draft contract documents…
Rant over… I think I need a week off and lie down after that!
The anonymous High Street Conveyancer will take short break, returning w/c 28th July.
This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.
